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St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2005


NEWFOUNDLAND AND LABRADOR REGULATION 85/05

NEWFOUNDLAND AND LABRADOR
REGULATION 85/05

Adoption Regulations
under the
Adoption Act

(Filed September 21, 2005)

Under the authority of section 63 of the Adoption Act, I make the following regulations.

Dated at St. John’s, September 9, 2005.

John Ottenheimer
Minister of Health and Community Services

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

              PART I
LICENSING ADOPTION AGENCY

        3.   Application for a licence

        4.   Application to renew a licence

        5.   Educational and employment requirements:

        6.   Conditions of a licence

        7.   Suspension or cancellation of a licence

        8.   Provision of services when agency ceases operations

        9.   Information to be provided to clients by an adoption agency

      10.   Surrender of records after adoption of a child

      11.   Annual report to director

      12.   Advertising by an adoption agency

      13.   Agency cannot represent birth parents

              PART II
ADOPTION ASSESSMENT PROGRAM

      14.   Adoption assessment program


Short title

        1. These regulations may be cited as the Adoption Regulations.

Definitions

        2. In these regulations

                

             (a)  "Act" means the Adoption Act; and

             (b)  "adoption agency" means an adoption agency licensed under section 5 of the Act.

PART I
LICENSING ADOPTION AGENCY

Application for a licence

        3. (1) A person who applies under section 5 of the Act for a licence to operate an agency shall do so on the form provided for that purpose by a director.

             (2)  An application for a licence referred to in subsection (1) shall be accompanied by the following documentation and information in support of the application:

             (a)  where the applicant is a corporation,

                      (i)  proof of incorporation,

                     (ii)  a copy of the applicant's articles of incorporation and bylaws,

                    (iii)  the names and addresses of the directors and officers of the corporation, who shall be resident in the province,

                    (iv)  a criminal record screening certificate from the Royal Newfoundland Constabulary or a certificate of conduct from the Royal Canadian Mounted Police for the directors and officers of the corporation,

                

                     (v)  3 references each for the directors and officers of the corporation,

                    (vi)  child, youth and family services prior records check for the directors and officers of a corporation,

                   (vii)  the name of the person who shall operate the adoption agency together with proof satisfactory to the director that the person meets the requirements of the regulations, and

                  (viii)  proof of meeting the other requirements stated in paragraphs (c) to (g);

             (b)  where the applicant is not a corporation,

                      (i)  the address in the province of the applicant, who shall be resident in the province,

                     (ii)  a criminal record screening certificate from the Royal Newfoundland Constabulary or a certificate of conduct from the Royal Canadian Mounted Police for the applicant,

                    (iii)  3 references for the applicant,

                    (iv)  a child, youth and family services prior records check for the applicant, and

                     (v)  the name of the person who shall operate the adoption agency together with proof satisfactory to the director that the person meets the requirements of the regulations,

             (c)  identification of the services for which the agency wishes to be licensed;

          (d)  a description of the applicant's file storage and security arrangements for the proposed adoption agency and the method to be used to provide backup files in the event of loss satisfactory to the director;

 

             (e)  where the applicant proposes to provide intercountry adoption services

                      (i)  identification of the non-Canadian jurisdictions where the services shall be provided, and

                     (ii)  confirmation of accreditation in the named jurisdictions;

              (f)  evidence that the applicant has obtained or a letter of intent to obtain insurance satisfactory to the director covering the proposed adoption agency and its employees; and

                

             (g)  any other information or additional documentation not referred to in paragraphs (c) to (f) that the director considers necessary to determine the ability of the applicant to provide the services and carry out the responsibilities of an adoption agency.

             (3)  A director may issue a licence to operate an adoption agency where he or she is satisfied

             (a)  that the documents provided in paragraphs (2)(a) and (b) are satisfactory; and

             (b)  that the applicant would operate an adoption agency in accordance with the Act and regulations.

             (4)  A licence issued under this section may contain terms and conditions, consistent with the Act and these regulations.

             (5)  A licence issued under this section is valid for a period of up to 3 years from the date of issue.

Application to renew a licence

        4. (1) A person who wishes to renew a licence shall, at least 60 days before the expiry date of the licence or a shorter time that is acceptable to a director, apply to renew the licence, and the application shall be accompanied by all of the following:

             (a)  a statement confirming that the information and documentation provided under subsection 3(2) at the time of the application for a licence, or under this section at the time of the last licence renewal, has not changed or, where there has been any change in that information or documentation, a statement setting out the change or a copy of the documentation;

             (b)  a new criminal record screening certificate from the Royal Newfoundland Constabulary or a new certificate of conduct from the Royal Canadian Mounted Police satisfactory to the director;

             (c)  new child, youth and family services prior records check satisfactory to the director; and

             (d)  the other information or additional documentation referred to in subsection 3(2) that the director considers necessary to determine the ability of the adoption agency to continue to provide the services and carry out the responsibilities of an adoption agency.

             (2)  When making a decision respecting the renewal of a licence under this section, a director shall consider all of the following:

             (a)  whether the adoption agency has complied with the requirements of subsection 6(1);

             (b)  the grounds under section 7 that apply to the suspension or cancellation of a licence; and

             (c)  whether the licence was cancelled or suspended during its term.

             (3)  A licence renewed under this section may contain terms and conditions, consistent with the Act and these regulations.

             (4)  A licence renewed under this section is valid for a period of up to 3 years from the date of expiry of the previously valid licence.

 

Educational and employment requirements:

        5. A person performing adoption functions and duties as required under the Act on behalf of a licensed agency

             (a)  shall be a social worker registered under the Social Workers Association Act;

             (b)  have worked a minimum of 3 years as a registered social worker; and

             (c)  have supplied satisfactory documents as required in subparagraphs 3(2)(b)(i) to (iv).

Conditions of a licence

        6. (1) A licence is subject to the following conditions:

             (a)  an adoption agency shall cease operations in a foreign country when requested to do so by the provincial director;

             (b)  an adoption agency shall only provide those adoption services for which it has a licence;

             (c)  a director shall be promptly notified in writing of an intention to change the services for which the adoption agency is licensed and the change is not valid until it has been approved in writing by the director; and

             (d)  an adoption agency shall comply with provincial and board adoption policies and standards.

             (2)  Paragraphs (1)(b) and (c) do not restrict an adoption agency from providing other services unrelated to adoption.

Suspension or cancellation of a licence

        7. (1) A director may suspend or cancel a licence on one or more of the following grounds:

             (a)  the adoption agency is not, in the opinion of the director,

                      (i)  operating in a manner that is in the best interests of the persons who are receiving the adoption services, or

                     (ii)  operating in accordance with the requirements of the Act or these regulations and the conditions of its licence;

             (b)  the agency has made a material false statement in an application for a licence or the renewal of a licence; and

             (c)  another circumstance that, in the opinion of the director, is a cause for concern respecting the operation of the adoption agency.

             (2)  A director shall give written notice to an adoption agency of a proposed suspension or cancellation of its licence.

Provision of services when agency ceases operations

        8. (1) Where a director does not renew a licence under section 4, makes an order of suspension or cancellation under section 7, or an adoption agency ceases operation, the adoption agency shall, during the period of suspension or after the cancellation or refusal to renew the licence or the ceasing of operations, surrender its adoption records to the director.

             (2)  Where an adoption agency has its licence suspended, the adoption agency shall promptly surrender its active files and records for each client to a director or to another adoption agency as ordered by the director.

             (3)  Where an adoption agency has its licence cancelled or its licence is not renewed, the agency shall, within 10 days after receipt of the notice of cancellation or non-renewal of the licence, surrender all records to a director or to another adoption agency as ordered by the director.

             (4)  Where an adoption agency ceases operations, it shall

             (a)  advise a director in writing that it intends to cease operations;

             (b)  provide for the orderly transfer of client files and records to a director or another adoption agency as ordered by the director; and

             (c)  advise a director of a situation respecting a client which may require immediate attention and provide the director with information necessary to enable the director to make alternative arrangements for the client.

Information to be provided to clients by an adoption agency

        9. Before providing a service an adoption agency shall

             (a)  advise the client of the process for providing the service, the time involved, the structure of the interviews, the fees to be charged and the method of payment; and

             (b)  advise the client of the adoption agency's arrangements for file storage and security of files, and the disposition of records relating to adoptions.

Surrender of records after adoption of a child

      10. (1) The records of an adoption agency respecting a child placed for adoption and supervised by the adoption agency shall be forwarded to a director within one month after the granting of the adoption order.

             (2)  The records of an adoption agency respecting an intercountry adoption which was completed in the country of the child's origin shall be forwarded to a director either upon completion of the post-adoption reports required by the country of origin of the child or within 2 years, whichever period is shorter, following the return of the applicants with the child to the province.

             (3)  Notwithstanding subsections (1) and (2), where post-adoption services are being provided by an adoption agency after an adoption order is granted, the adoption agency may make a request to a director to retain a copy of specific information related to the service.

Annual report to director

      11. An adoption agency shall annually submit to a director a report respecting its activities, including statistical information.

Advertising by an adoption agency

      12. (1) An adoption agency advertising under the authority of the Act may only advertise in accordance with subsections (2) and (3).

             (2)  The advertising of services provided by an adoption agency and promotional material about an adoption agency shall be truthful and accurate and not be misleading to the public.

             (3)  The advertising or promotional material referred to in subsection (2) shall not

             (a)  identify parties to an adoption or a proposed adoption;

             (b)  claim that a particular adoption agency can guarantee adoption placement of a child with approved applicants;

             (c)  claim that an adoption agency can assure an expeditious placement; or

             (d)  claim that the services of one adoption agency are superior to those of another.

Agency cannot represent birth parents

      13. An adoption agency shall not act for both the prospective adoptive parent and the birth parent of the child who is being adopted.

PART II
ADOPTION ASSESSMENT PROGRAM

Adoption assessment program

      14. Before a child is placed with a prospective adoptive parent, the prospective adoptive parent shall complete an adoption assessment program approved by the minister.